RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below, on behalf of himself or herself as well as his or her heirs, executors, administrators, assigns and personal representatives (collectively referred to as “I”, “me” or “Participant”), desires to participate in exercise, physical training, personal training, group training and/or fitness related activities “Activities”) provided by and/or located and facilities operated by Framework Fitness, LLC, including but not limited to its locations at 1820 and 1780 North Broadway, Walnut Creek, California 94596 (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PHYSICAL AND/OR MENTAL STRAIN, INJURY, DISABILITY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Company, and its managers, partners, members, employees, agents, contractors, representatives, affiliates, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activities, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that cannot be released pursuant to applicable law.
I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activities, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim related to my participation in the Activities, including any claims arising out of my own negligence or the ordinary negligence of the Company. I also agree to be financially responsible for any costs incurred by the Company as a result of my negligent, reckless, willful or intentional actions arising out of my participation in the Activities.
I agree and acknowledge that I have carefully read this Agreement and agree to enter into it voluntarily and without duress or coercion. I also fully understand that this Agreement constitutes a broad release of liability by me with regard to my participation in the Activities. This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Contra Costa, California and I hereby consent to the exclusive jurisdiction of such courts.
I grant permission to Framework Fitness, LLC., to use my image (photographs and/or video) for use in Media publications including: online posting, emails, social media, print material.
I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.
SIGNING BELOW (EITHER IN HARD COPY OR VIA ELECTRONIC SIGNATURE), I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES.
COVID -19 Liability Release Form:
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Framework Fitness LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Framework Fitness LLC cannot guarantee that I will not become infected with the Coronavirus/Covid-19.
I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, independent contractors, and other clients and their families.
I voluntarily seek services provided by Framework Fitness LLC, owners, partners, independent contractors and employees and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19.
I acknowledge that I must comply with all set procedures to reduce the spread while attending Framework Fitness, LLC.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Framework Fitness LLC, owners, partners, independent contractors and employees harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of Framework Fitness LLC, owners, partners, independent contractors and employees, or that may otherwise arise in any way in connection with any services received from Framework Fitness LLC, owners, partners, independent contractors and employees. I understand that this release discharges Framework Fitness LLC, owners, partners, independent contractors and employees from any liability or claim that I, my heirs, or any personal representatives may have against Framework Fitness, LLC with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Framework Fitness LLC, owners, partners, independent contractors and employees. This liability waiver and release extends to Framework Fitness LLC together with, owners, partners, independent contractors.
**We request that you cancel out of a class with at least 8 hour notice prior to the beginning of the class to avoid a full charge. Please feel free to give us a call to discuss any late cancellations. **